Knife Legality Questions?

[spazzy]

Hey everyone, I carry a leatherman c33x pretty much everywhere I can, not for protection (maybe a last last last ditch effort) but to open packages or cut string/tape ect. I use the pocket clip 100%. I use the knife daily. I do not have my CCW, I dont have any reason to carry a handgun and last time I checked, its difficult to carry an 870 wingmaster concealed lol

My question is, my state WI, recently passed concelead carry. Is carrying the knife in my pocket with the clip exposed considered concealed? Or would that be open carry?

My second question is, its a small knife (blade length 2 1/2 inches) is this considered a dangerous weapon? I know in the right hands, anything can be a dangerous weapon, that phrase is a shade of gray to me.

I go to a state university and they have since banned all concealed weapons in university buildings. I don't want to get in trouble for bringing my knife, but yet i use it daily, especially in my labs.

 

[rcmodel]

I have no idea what your state or local laws say.

But just about anywhere except at airports, court rooms, schools, and jails?
A 2 1/2" knife is not considered a weapon, concealed or not.

The general cut-off point is a 4" folding blade, most places.

rc

 

[spazzy]

Thanks, currently I do not bring it into the post office, airports ect.

 

[outdoorsman1]

I go to a state university and they have since banned all concealed weapons in university buildings. I don't want to get in trouble for bringing my knife, but yet i use it daily, especially in my labs

I would check with your University as to there feelings on your concern...

Outdoorsman1

 

[hso]

Concealed carry of a handgun has absolutely nothing to do with any thing other than handguns.

Pull the WI statute on concealed carry and see that it is a handgun permit and not a weapon permit and doesn't concern itself with knives.

Carry of a knife is not carrying a weapon unless you're carrying a type identified as a weapon under state law.

 

[outdoorsman1]

Concealed carry of a handgun has absolutely nothing to do with any thing other than handguns.
Pull the WI statute on concealed carry and see that it is a handgun permit and not a weapon permit and doesn't concern itself with knives.

Carry of a knife is not carrying a weapon unless you're carrying a type identified as a weapon under state law.

^^^^^^WRONG.....^^^^^^

WI State Statute... starting at #175.60... see Red font below.....

175.60  License to carry a concealed weapon.
175.60(1) (1)  Definitions. In this section:
175.60(1)(ac) (ac) "Background check" means the searches the department conducts under sub. (9g) to determine a person's eligibility for a license to carry a concealed weapon.
175.60(1)(ag) (ag) "Carry" means to go armed with.
175.60(1)(b) (b) "Department" means the department of justice.
175.60(1)(bm) (bm) "Handgun" means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
175.60(1)(bv) (bv) "Law enforcement agency" does not include the department.
175.60(1)(c) (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
175.60(1)(d) (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.
175.60(1)(e) (e) "Motor vehicle" has the meaning given in s. 340.01 (35).
175.60(1)(f) (f) "Out-of-state license" means a valid permit, license, approval, or other authorization issued by another state if all of the following apply:
175.60(1)(f)1. 1. The permit, license, approval, or other authorization is for the carrying of a concealed weapon. 175.60(1)(f)2. 2. The state is listed in the rule promulgated by the department under s. 165.25 (12m) and, if that state does not require a background search for the permit, license, approval, or authorization, the permit, license, approval, or authorization designates that the holder chose to submit to a background search.
175.60 Note NOTE: The cross-reference to s. 165.25 (12m) was changed from s. 165.25 (12) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 165.25 (12), as created by 2011 Wis. Act 35.
175.60(1)(g) (g) "Out-of-state licensee" means an individual who is 21 years of age or over, who is not a Wisconsin resident, and who has been issued an out-of-state license.
175.60(1)(h) (h) "Photographic identification card" means one of the following:
175.60(1)(h)1. 1. An operator's license issued under ch. 343 or an identification card issued under s. 343.50.
175.60(1)(h)2. 2. A license or card issued by a state other than Wisconsin that is substantially equivalent to a license or card under subd. 1.
175.60(1)(i) (i) "State identification card number" means the unique identifying driver number assigned to a person by the department of transportation under s. 343.17 (3) (a) 4. or, if the person has no driver number, the number assigned to the person on an identification card issued under s. 343.50.
175.60(1)(j) (j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club. Effective date note NOTE: Sub. (1) is created eff. 11-1-11 by 2011 Wis. Act 35.

Outdoorsman1

 

[outdoorsman1]

Wow... I did not realize until after my post above that I was pointing out that a "Moderator" was incorrect...

I am from WI and was actually kinda sorta involved during the process of finally getting this CCW law passed. It is not what "we" wanted, but it is a step in the right direction.

CCW = Carrying Concealed Weapon...

Outdoorsman1

 

[hso]

Nope, you're correct. The state has a weapon law instead of a handgun carry law.

WI knife laws are vague in the extreme on the state level because they don't define a length limit and case law is all over the place. Short of a switchblade it is difficult to know if carrying any knife is illegal.

So, since WI doesn't define what knife is a weapon and since the WI carry law covers weapons I'm only half wrong about knives and the CCW in WI (or at least that's the dodge I'm going to use to save face).

Note that cities in WI set the the definition for a weapon as a knife with a blade of 3 or more inches in length so if you keep a blade under 3" you should be clear of most opinions that your knife is a weapon.

outdoorsman1,

Since the new CCW went in place can you interpret the law to allow any knife if you hold a CCW?

 

[outdoorsman1]

hso said...

So, since WI doesn't define what knife is a weapon and since the WI carry law covers weapons I'm only half wrong about knives and the CCW in WI

Thats EXACTLY what I was gonna say.....

I think the most important part of the OP question lies in the fact that he is concerned about carrying his blade at the university that has banned "all concealed weapons". Considering the stuff that has been happpening across the country at universities, I think it best he check with his school and explain what he "carry's" and why he wants to carry it... Then abide by their decision...

Edited to add...

Since the new CCW went in place can you interpret the law to allow any knife if you hold a CCW?

Yes, as long as it is not a swithchblde (as defined by statutes) and you hold a CCW License (mine is # 36) any knife will be legal. Admittedly, I am not sure if it has to be concelled or can be open carried, because open carry of a firearm is still legal, so maybe a CCW holder could also carry a sheath knife openly on his belt.?? I will check into this for my own curiosity. I am also not sure about the city ordinances that madate a 3" or less blade still being in affect for a CCW holder... something else I will check into...

As weekends are real busy foe me, I should have answers early next week if not sooner...

Outdoorsman1

 

[hso]

WI knife laws look like they have a problem with "concealed" carry of a weapon and that a knife that can be considered a weapon in the pocket constitutes concealed carry of a weapon, BUT they don't define what knife is a weapon in any objective sense. Very sloppy.

I would NOT ask a university official the question without very careful consideration of how to phrase the question and who to ask it of. I would use the comparative approach by asking about a knife that clearly would be seen as a weapon vs. the 2.6" blade Leatherman that you carry as long as you were confident that you weren't asking the question of someone that thought all knives were weapons. Since WI itself doesn't classify what type of knife is a weapon and specific municipalities consider knives with blades 3" or more weapons I'd either not ask the question on the basis that you're below the only cited blade length or I'd collect the citations on the city codes classifying blades 3" or more in length as weapons and use those as evidence that your knife is smaller than that. Look in the various sections of the campus stores the university runs and try to find a knife with the same or greater length blade as part of your argument that your knife is just a tool instead of a weapon since the university would not be selling weapons in their own retail establishments.